Insurance & ERISA Litigation Blog
What Should You Know if Your Insurer Wrongly Denied Your Life Insurance Claim?
Seventy-five million U.S. families depend on a life insurance policy to protect their financial security and future. As we discuss below, if you file a life insurance claim and that…
Can A Lawyer Help Me With An Insurance Lapse?
As you likely already know, there are a multitude of reasons why an insurance company may deny a life insurance claim. Among these reasons are: material misrepresentation, failure to file…
How Does ERISA Litigation Work?
According to the U.S. Department Of Labor, the Employee Retirement Income Security Act of 1974 (ERISA) is: “a federal law that sets minimum standards for most voluntarily established retirement and…
First Circuit Concludes Insurer Failed to Sufficiently Analyze Claimant’s Ability to Perform the Duties of His Own Occupation Where the Insurer’s Analysis Focused Only on Whether Claimant Could Perform the Physical Requirements of His Occupation Without Considering Other Nonphysical Duties of His Occupation
In Winters v. Liberty Life Assurance Co. of Boston, 2022 WL 6170588 (D. Mass. 2022), the First Circuit recently denied Liberty’s motion for a judgment on the administrative record on…
How Do You Prove a Disability Related to Mental Illness?
If you or someone you love needs to file a disability insurance claim due to a mental health condition that makes it impossible to perform your occupational duties, you are…
What Should I Do If My Life Insurance Claim Was Denied?
Life insurance policies are a smart way of financially protecting your loved ones in the future. If anyone in your family relies on your income and financial support, and will…
Can You Receive Disability Insurance for Carpal Tunnel Syndrome?
Carpal Tunnel Syndrome may impair your ability to lift, carry, and grip objects. If Carpal Tunnel Syndrome is keeping you from work, you may qualify to obtain long-term disability insurance…
What Happens With an ERISA De Novo Review?
Private sector, employer-sponsored insurance plans are regulated by the Employee Retirement Income Security Act of 1974 – ERISA. ERISA is the federal law that establishes the minimum standards for group…
Insurers Cannot Deny California ERISA Accidental Death Claims Based on a Policy’s Intoxication Exclusion That is More Broad Than the Language of the California Insurance Code
If you have life insurance providing for Accidental Death and Dismemberment (AD&D) benefits, your policy includes various exclusions which, if any apply, may allow the insurer to avoid paying you…
Ninth Circuit Appeal Court Finds ERISA Disability Claimant Achieved “Some Success on the Merits” Under Hardt Where the District Court Remanded His Disability Claim to the Insurer Due To Deficiencies in the Initial Claims Review Process
The Ninth Circuit has recently joined the majority of federal courts in adopting the rule that if a claimant is able to convince a federal court to rule that an insurer’s…
